In Ireland, equality law protects you from discrimination based on your identity. The identity groups that are protected under Irish equality law are sometimes called the ‘nine grounds’.
These grounds are:
- Gender (including gender identity and being trans or non-binary)
- Sexual orientation
- Disability
- Age
- Race
- Religion
- Membership of the Traveller community
- Family status
- Marital status
When we talk about equality law in Ireland, this means two different pieces of legislation: the Equal Status Acts and the Employment Equality Acts. Both laws provide protection on the basis of the nine grounds listed above.
What are the Equal Status Acts?
The Equal Status Acts are laws that make it illegal to discriminate against someone on the basis of the nine grounds listed above.
The Equal Status Acts apply to the provision of goods and services, for example being sold something in a shop, being served in a restaurant, or getting public transport. This law also applies to education and accommodation.
There are some exceptions to these laws. For example, it is not discrimination to refuse someone alcohol if they do not have ID to prove they are aged over 18. Schools can also refuse to admit students on the basis of gender if they are an all-boys or all-girls school.
If you think you have experienced discrimination under the Equal Status Acts, you can make a complaint to the Workplace Relations Commission – more information about this can be found here.
What does this law look like in practice?
In 2018, a trans man took a case against a barber who refused to cut his hair on the basis of his gender identity. The Workplace Relations Commission found that the barber did discriminate against this customer, on the basis of the gender ground, because the customer is a trans man.
This law also covers harassment in educational establishments, including schools, colleges and universities. Harassment is any form of unwanted conduct related to one of the nine grounds which violates a person’s dignity and creates an intimidating, humiliating or offensive environment. The type of behaviour that can be considered harassment includes things that are said, written or photographed.
What are the Employment Equality Acts?
The Employment Equality Acts are laws that make it illegal to discriminate against someone in employment or employment-related areas on the basis of the nine grounds listed above.
The Employment Equality Acts apply to lots of different areas of working life, including hiring, recruitment, promotion, equal pay, working conditions, workplace training, dismissal, and harassment in the workplace.
This law applies to work experience and vocational training, but does not cover volunteering.
This law also covers harassment in the workplace that relates to one of the nine protected grounds – including sexual orientation and gender. The gender ground covers gender identity and expression, including trans and non-binary people.
Harassment is any form of unwanted conduct which violates a person’s dignity and creates an intimidating, humiliating or offensive environment. The type of behaviour that can be considered harassment includes things that are said, written or photographed.
What does this law look like in practice?
In 2023, a gay woman took a case against her employer for being effectively outed at work. The woman was repeatedly asked by colleagues about her boyfriend and being interested in men, and eventually felt forced to say that she has no interest in men. The Workplace Relations Commission found that the worker had experienced harassment in the workplace on the basis of her sexual orientation.
If you think you have experienced discrimination under the Employment Equality Acts, you can make a complaint to the Workplace Relations Commission – more information about this can be found here.
Getting more information and support
Each of the below organisations are dedicated to making sure that people’s right to equality and non-discrimination is protected in Ireland.
Ombudsman for Children’s Office
What is the Ombudsman for Children’s Office?
The Ombudsman for Children’s Office is a human rights body that promotes the rights and welfare of young people under 18 years of age living in Ireland. They investigate complaints about services provided to children by public organisations. This includes schools, hospitals, government departments and direct provision.
Who can make a complaint?
Anyone under the age of 18 can complain to the Ombudsman for Children’s Office. Family members and adults working with children, like teachers and social workers, can also make a complaint on a child’s behalf.
How do I make a complaint?
Irish Human Rights and Equality Commission (IHREC)
What is IHREC?
IHREC is Ireland’s national human rights and equality institution. They can give legal information and assistance if you have been discriminated against.
Who can get in touch?
Anyone who thinks they have experienced discrimination because of their gender (including being trans or non-binary), sexual orientation, family status, age, religious belief, membership of the Traveller community, race, or disability can contact IHREC for information about their rights.
How do I find out more?
Garda Ombudsman (GSOC)
What is GSOC?
GSOC is an independent body that deals with complaints of possible misconduct by members of An Garda Síochána.
Who can make a complaint?
You can make a complaint for yourself, for someone else with their permission, or about an event you saw take place.
How do I make a complaint?
Hate Crime
The Irish government are working on new laws relating to hate crime. The new laws mean that a person convicted of a hate crime will be given a more serious sentence, compared with crimes not motivated by the victim’s identity.
The Gardaí have already started to record and investigate hate crimes. Read more about recording and reporting in the sections below.
Even without hate crime legislation, a crime is still a crime. You can still report incidents of crimes committed against you, whether or not you think this was motivated by your LGBTQ+ identity.
Examples of these incidents include assault, verbal harassment, physical harassment, sexual harassment, physical violence, sexual violence, criminal damage, stalking, ‘revenge porn’ or sharing intimate images of someone without their consent, death threats, and other threatening and abusive behaviour.
What is a hate crime?
A hate crime is a criminal act that was motivated by hate, hostility or prejudice towards the victim’s identity. A person’s indentity does not need to be the only motivation for something to be considered a hate crime.
Hate crimes are based on “actual or perceived” identity or characteristics. This means that you do not need to prove that you are LGBTQ+ or a member of a protected group to prove that it was a hate crime – it is up to Gardaí and lawyers to prove that the person who committed the crime knew or thought this.
Under new hate crime laws, the government plans for the following identities and characteristics to be protected: sexual orientation, gender (including gender identity, gender expression, gender exploration, and being trans or intersex), disability, race, colour, nationality, ethnicity, membership of the Traveller or Roma community, religion, and age.
What should I do if experience a hate crime?
- Make sure you are safe – go to a well-lit area with lots of other people around. In an emergency, call 999 for Gardaí.
- Get medical help if you need it – call 999 for an ambulance in emergencies.
- Contact someone you know and trust for help, or for a safe place to go to.
- Consider reporting the crime to Gardaí either online or in person – learn more about this below.
- Get support – experiencing a hate crime can be difficult and traumatic. If you need support, you can contact Belong To here, the LGBT helpline (01 685 9280), the crime victims helpline (116 006), or another support or therapy service.
Can I report a hate crime?
Yes – you can report a hate crime to Gardaí in person or online.
You might not be sure if something happened to you because you are LGBTQ+. If you decide to report a crime to An Garda Síochána, you can explain why you think you were targeted because of your LGBTQ+ identity.
How do I report hate speech or a hate crime?
Hate speech is against the law in Ireland. To report hate speech, contact your local Garda station here.
You can report a hate crime to An Garda Síochána at your local Garda station or online. This online report can be anonymous, or you can leave your contact details if you would like to help with the investigation. The hate crime online reporting form is available here.